S.Amdt. 2901

SA 2901. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill H.R. 5515, to authorize appropriations for fiscal year
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. LOSS OF NATIONALITY DUE TO SUPPORT OF TERRORISM.

(a) Short Title.--This section may be cited as the
``Expatriate Terrorist Act''.
(b) In General.--Section 349(a) of the Immigration and
Nationality Act (8 U.S.C. 1481(a)) is amended to read as
follows:
``(a) In General.--A person who is a national of the United
States, whether by birth or by naturalization, shall lose his
or her nationality by voluntarily performing any of

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the following acts with the intention of relinquishing United
States nationality:
``(1) Obtaining naturalization in a foreign state upon his
or her own application or upon an application filed by a duly
authorized agent, after having attained 18 years of age.
``(2) Taking an oath or making an affirmation or other
formal declaration of allegiance to a foreign state, a
political subdivision thereof, or an organization designated
as a foreign terrorist organization under section 219, after
having attained 18 years of age.
``(3) Entering, or serving in, the armed forces of a
foreign state or an organization designated as a foreign
terrorist organization under section 219 if--
``(A) such armed forces are engaged in hostilities against
the United States; or
``(B) such person serves as a commissioned or
noncommissioned officer.
``(4) Accepting, serving in, or performing the duties of
any office, post, or employment under the government of a
foreign state, a political subdivision thereof, or an
organization designated as a foreign terrorist organization
under section 219 if, after having attained 18 years of age--
``(A) the person knowingly has or acquires the nationality
of such foreign state; or
``(B) an oath, affirmation, or declaration of allegiance to
the foreign state, a political subdivision thereof, or a
designated foreign terrorist organization is required for
such office, post, or employment.
``(5) Making a formal renunciation of United States
nationality before a diplomatic or consular officer of the
United States in a foreign state, in such form as may be
prescribed by the Secretary of State.
``(6) Making in the United States a formal written
renunciation of nationality in such form as may be prescribed
by, and before such officer as may be designated by, the
Attorney General, while the United States is in a state of
war and the Attorney General approves such renunciation as
not contrary to the interests of national defense.
``(7) Being convicted by a court martial or by a court of
competent jurisdiction of any of the following crimes:
``(A) Committing any act of treason against, or attempting
by force to overthrow, or bearing arms against, the United
States.
``(B) Violating or conspiring to violate any provision of
section 2383 of title 18, United States Code.
``(C) Willfully performing any act in violation of section
2385 of such title.
``(D) Violating section 2384 of such title by engaging in a
conspiracy to overthrow, put down, or to destroy by force the
Government of the United States, or to levy war against the
United States.
``(8) Knowingly providing material support or resources (as
described in section 2339A(b) of title 18, United States
Code) to any organization designated as a foreign terrorist
organization under section 219 if such person knows that such
organization is engaged in hostilities against the United
States.''.
(c) Revocation or Denial of Passports and Passport Cards to
Individuals Who Are Members of Foreign Terrorist
Organizations.--The Act entitled ``An Act to regulate the
issue and validity of passports, and for other purposes'',
approved July 3, 1926 (22 U.S.C. 211a et seq.), which is
commonly known as the ``Passport Act of 1926'', is amended by
adding at the end the following:

``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT
CARD.

``(a) Ineligibility.--
``(1) Issuance.--The Secretary of State may not issue a
passport or passport card to any individual whom the
Secretary has determined, by a preponderance of the
evidence--
``(A) is serving in, or is attempting to serve in, an
organization designated by the Secretary as a foreign
terrorist organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); and
``(B) is a threat to the national security interest of the
United States.
``(2) Revocation.--The Secretary of State shall revoke a
passport or passport card previously issued to any individual
described in paragraph (1).
``(b) Right of Review.--Any person who, in accordance with
this section, is denied issuance of a passport or passport
card by the Secretary of State, or whose passport or passport
card is revoked or otherwise restricted by the Secretary of
State, may request a due process hearing, under regulations
prescribed by the Secretary, not later than 60 days after
receiving such notice of such nonissuance, revocation, or
restriction.
``(c) National Security Waiver.--Notwithstanding subsection
(a), if the Secretary of State determines that such action is
in the national security interest of the United States, the
Secretary may--
``(1) issue a passport or passport card to an individual
described in subsection (a)(1); or
``(2) refuse to revoke a passport or passport card of an
individual described in subsection (a)(1).''.
(d) Conforming Amendment.--Section 351(b) of the
Immigration and Nationality Act (8 U.S.C. 1483(b)) is amended
by striking ``(3) and (5)'' and inserting ``(3), (5), and
(8)''.

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